Workplace Relations Commission (WRC) - RECENT Decisions & judgements

Decision UpheldComplainant denied Paid Annual Leave Entitlement

Case Number - ADJ-00003777​The Complainant was employed from June 2013 until she terminated her employment in May 2016. The Complainant was paid €9.15 an hour and worked 35 hours a week. The Complainant was provided with a written statement of her Terms and Conditions of Employment. The Respondent confirmed that the Complainant took annual leave from 2nd May 2016 to 17th May 2016 but that the Complainant was not paid for this annual leave on the basis that on her return from leave the Complainant terminated the employment and refused to work her two weeks’ notice as required by her Contract of Employment.

In determination of its decision, the Adjudication Officer found that the Respondent breached Section 19 and Section 20 of the Organisation of Working Time Act in that the Complainant was not paid her annual leave from 2nd to 17th May 2016.

The Adjudicating Officer directed the Respondent to pay the Complainant the sum of €512.40 in respect of the Complainant’s Annual Leave entitlement due – 35 hours x 20 weeks x 8% x €9.15 an hour.This case serves to illustrate an important reminder for Employers that all Employees automatically accrue annual leave on commencement of employment and are entitled to payment for accrued annual leave taken. An Employee is entitled to be paid for annual leave in advance of their leave commencing, should they request this from their Employer. Therefore, where a request is received from an Employee, the Employer is obliged to provide this. Payment for annual leave must be provided at the normal hourly or daily rate earned by the Employee.

Case Number - ADJ-00003236The Complainant worked 20 hours per week for a gross payment of €183.00 per week. The Respondent refused to pay for the Complainant’s annual leave entitlement and public holiday entitlements.

At the hearing, it was stated that the Complainant accrued a total of four weeks annual leave in 2016. No evidence to the contrary was submitted. No payment was made in relation to the annual leave entitlement for 2016. In determination of its decision, the Adjudication Officer found the complaint to be well founded, ordering the Respondent to pay the Complainant compensation to the value of €250.00.

No specific evidence was offered at the hearing by the Complainant in regards to the alleged non-receipt of the Public Holiday entitlements other than the broad statement in the claim form. The Respondent did not offer any evidence to refute this claim. 5 Public Holidays fell within the reference period concerned. The Adjudication Officer found this complaint to be well founded and required the Respondent to pay the Complainant compensation to the value of €250.00

As an Employer, it is important to note that under the Organisation of Working Time Act, 1997, a full-time Employee is automatically entitled to a benefit in respect of a public holiday on commencement of employment. Where the public holiday falls on a working day, the benefit for a full-time Employee will be one of the following, as decided by the Employer;

a paid days leave on the day which the public holiday falls, or

an additional days pay in respect of the day where the day is worked, or

an additional day of annual leave where the day is worked, or

an additional day of leave to be taken within a month of the public holiday where the day is worked.

In order for a part-time Employee to be entitled to a benefit in respect of a public holiday, he/she must have worked a total of 40 hours or more over the preceding 5 weeks for their Employer.

Where the public holiday falls on a normal working day for a part-time Employee, the benefit will be one of those outlined above for full-time Employees, calculated on the basis of the hours that the part-time worker would have worked on that day.

Where the public holiday falls on a day on which the part time worker would not normally work, the Employee will be entitled to a benefit equivalent to one-fifth of their normal working week. ​Legislation requires that Employers maintain records for each Employee relating to annual leave and public holidays for a period of three years. An absence of the appropriate records, leaves an Employer in a significantly weaker position to demonstrate compliance with the legislation and liable to a fine as illustrated in this instance.

Note on WRC:

The establishment of the Workplace Relations Commission on the 1st October 2015 is the most radical restructuring of employment legislation over the last 30 years. Organisations are encouraged to understand all facets of the WRC, how it now operates and what to expect when required to defend a claim at the third parties.

The establishment of the Workplace Relations Commission has resulted in the combined functions of the Labour Relations Commission, Rights Commissioner Service, the Equality Tribunal, the Employment Appeals Tribunal and the National Employment Rights Authority (NERA).

In addition to this the Labour Court has been reconfigured in order to hear appeals.

​The strategic aims of the new Workplace Relations Commission include an independent, effective and impartial workplace relations service, a more workable means of redress within a reasonable timeframe and an overall reduction in costs. The new Workplace Relations Commission is also anticipated to be more centralised, in terms of maintaining a database of case information, the end result bring a better service for both Employers and Employees and a much more streamlined, simplified process.

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